Bush administration asks court to block comprehensive testing for mad cow disease
A small meatpacking company wants to conduct testing for mad cow disease on all the animals it processes; the Department of Agriculture requires testing of less than 1 percent of slaughtered animals; the Bush administration, goaded by large meatpacking companies, urged a federal appeals court to stop the small company from doing more comprehensive tests
The Bush administration on Friday urged a federal appeals court to stop meatpackers from testing all their animals for mad cow disease, but a skeptical judge questioned whether the government has that authority. The government wants to reverse a lower court ruling that allowed Creekstone Farms Premium Beef of Arkansas City, Kansas, to conduct more comprehensive testing to satisfy demand from overseas customers in Japan and elsewhere. Less than 1 percent of slaughtered cows are currently tested for the disease under Agriculture Department guidelines. AP reports that the agency argues that more widespread testing does not guarantee food safety and could result in a false positive that scares consumers. “They want to create false assurances,” Justice Department attorney Eric Flesig-Greene told a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit. Creekstone attorney Russell Frye contended the Agriculture Department’s regulations covering the treatment of domestic animals contain no prohibition against an individual company testing for mad cow disease, since the test is conducted only after a cow is slaughtered. He said the agency has no authority to prevent companies from using the test to reassure customers. “This is the government telling the consumers, ‘You’re not entitled to this information,”’ Frye said.
Chief Judge David Sentelle seemed to agree with Creekstone’s contention that the additional testing would not interfere with agency regulations governing the treatment of animals. “All they want to do is create information,” Sentelle said, noting that it’s up to consumers to decide how to interpret the information. Larger meatpackers have opposed Creekstone’s push to allow wider testing out of fear that consumer pressure would force them to begin testing all animals, too. Increased testing would raise the price of meat a few cents per pound. Mad cow disease, or bovine spongiform encephalopathy, can be fatal to humans who eat tainted beef. Three cases of mad cow disease have been discovered in cattle in the U.S. since 2003. The district court’s ruling last year in favor of Creekstone was supposed to take effect 1 June 2007, but the Agriculture Department’s appeal has delayed the testing so far.
